Fact Pattern 3-2 Ellen Contracts with James to Be Her Stockbroker, Making Stock

Multiple Choice

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. If Ellen and James were to mediate their dispute, rather than arbitrate (assume this is ok) , what would they need to do?

A) select a mutually agreed upon mediator
B) present their dispute to a court
C) get a court to select an arbitrator
D) nothing besides sitting down together
E) prepare a brief for consideration of a panel